BG5150

BFDS maybe? www.bfds.com

I think EPCRS says that you can either do a QNEC enough to pass the test --OR-- do refunds and a one-to-one QNEC on the gross refund amounts. However, you cannot separate the plan into two component parts--excludable and non-excludable. Everyone gets tested together to determine the refunds and QNEC's. (See EPCRS Appendix A Sec 03 and Appendix B Sec 01)

I'd like to know how it was a mistake in fact. It was a plain ol' mistake. No facts were messed up, just the processing.

You do your 5500's in APRIL? Geez, by then, I'm lucky to have census data back from half my plans in order to do testing...

What kind of "activities" are tracked on the 5500? Contributions & Distributions, mostly. Maybe some fees. And investment balances. My answer to question 2 is C. On a side note: if the 5500 is an IRS form, why is it sent to EBSA (DOL)?

I believe you file a 5330 for each year, including the interest.

I'm not sure what version of Relius you are using, but in the one we use, 13.x, there is an "Allocation Classes" feature. It is in Plan Specs-->Allocation Provision window-->5th tab. There you can set up all your allocation groups and choose one to be the default. On the participant's status/service screen, there is a place the group can be entered. (It can also be imported) This way you avoid the default division altogether. When doing the PS allocation, you choose Allocation Class instead of Division and you can put the all dollars/percentages for each group in right there. (I also try to put the people into corresponding divisions so when I run my contribution reports, I can break it down by group, but it's not necessary to get a PS allocation done.) And to answer your original question: I think it would be best to put the not-yet-eligible people into the group they probably will be in once they become eligible. Like people have said, they will fall to the excludable reports anyway, and you will have less work to do in changing them around into the proper groups once they become eligible.

Only as long as there are no other ER contributions such as match or reallocated forfeiture or profit sharing.

If you have shortened a word or group of words, it's an abbreviation (inc for incorporated, cpa for certified public accountant). If you pronounce an abbreviation as a word, it's an acronym (modem for modulate-demodulate). http://www.merriam-webster.com/dictionary/acronym PBGC is an abbreviation. ERISA is both an abbreviation and an acronym. radar (RAdio Detecting And Ranging) laser (Light Amplification by Stimulated Emission of Radiation) scuba (Self-Contained Underwater Breathing Apparatus) ...are all acronyms (radar being a palindrome, too)

Each letter should be said separately and in order, of course. If that's the case, it's not an acronym but an abbreviation.

If I am less than 100% vested and I quit (or get fired) I lose some or all of that money. Why not forfeit the amount that pushed it over the edge? Last-in-first-out? Thirdly, in an "up" market, I lose all the gains I made on my money and start from scratch with the company money. For example, say my 415 excess is $500. I had that money in my account earning money since I put it in. Now I have to take it out with the earnings. The Employer deposit is only making money from when it was (probably) invested much later than the deferrals.

I always thought it was silly for the refund to come from salary deferral. Why should my taxable income for this year go up just because my employer wanted to be generous with a Profit Sharing? I seem to remember reading plan docs that had the 415 excesses reallocated to everyone else. Does anyone really do that?

Just a quick side note on the 3% vs 5% thing: You may not have to give an additional contribution to some. Top Heavy contributions are based on full-year compensation, whereas Profit Sharing can be based on partial year compensation. Sometimes the 3% of full year comp comes out to more than 5% of participation comp. You would allocate the greater amount.

I say kwa-dro, since QDRO is an extension of DRO. It's a kwa-lified DRO, hence the kwa-dro pronunciation (by me). Funny, I thought we's at least have a couple of kew-dro's in da house...

The same goes for the Safari browser. (The space bar thing). I'm a Mac user at home, so I jumped at the chance to use Safari on the PC. Haven't looked back since. (However, some sites have a little trouble loading in Safari, so I keep IE on standby for those few times I need it)

It could also be a pun on the people who didn't see this coming and kept all their money in equities: A backward "K" in baseball is the scorers notation that a person struck out "looking"

So, how do you guys pronounce QDRO? I've heard kew-drow. And qua-drow. Even sounded all the way out: kew-dee-arh-oh How do you say it?

Participant terminated 5/1/07 and took full r/o distribution 5/14/2007. He was 75 at the time. (non-owner)

I know that the RMD needed to be taken first. And, now, I think the plan is covered, because the first distributions of the year are considered RMD's and not eligible for rollover (1.402©-2 Q&A-7). They just aren't eligible for r/o. I am thinking we should do amended 1099's and notify the client of the ineligibility of the RMD amount and have him deal with his taxes.

Does EPCRS (VCP) have an explanation on what to do for transactions over a year old? We have a person who took a full rollover distribution in May of 2007 before the RMD was taken. This was discovered just recently. The only thing I saw in EPCRS on 401(a)(9) was dealing with a late RMD but before the money was rolled out.

Going from a corp to an LLC, will the method of determining compensation for the partners change? E.g. from W2 to Schedule K? I think that would require an amendment.

I believe the 415 limits are those in affect on the last day of the limitation year. 402(g) is the calendar year for rank and file--not 100% sure about owners. Compensation limit is what is in effect on day 1 of the plan year. Same with HCE & Key figures.

Just to clarify, they can let the Union employees in to make Elective Deferrals, but not allow them to get the match, and no special testing is required to pass coverage? You will be testing the two groups (union and non-union) independently. Since no one at all will be benefitting under section 401(m) in the union test, you pass coverage for the 401(m) portion for the union folks.

Though it may not garner a ton of goodwill, have you thought about some sort of automatic enrollment? Start off low, so the people may not be hit that hard with a small reduction in pay. Does the plan have a financial advisor linked with it? Could the FA/agent come in and give a pep talk/info session for the employees highlighting the importance of getting into the plan?

Devils advocate: The company doesn't move the plan, gets a higher interest rate or no loan at all. Company goes belly up because of it. Now, no one has a job. THAT can't be in the best interests of the participants! /devil's advocate